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Mayor Eric Adams pushed back against state lawmakers who oppose changes to New York’s controversial bail law — saying judges are equipped to fairly weigh detaining defendants who have a history of violence.
Adams wants the law revised to impose a “dangerousness” standard to lockup defendants pre-trial who’ve previously been convicted of serious or violent crimes.
During an appearance on WNYC Friday, Adams was asked about criticism from state Senate Deputy Leader Michael Gianaris (D-Queens), who said such judicial discretion has has led to discriminatory outcomes for black defendants in other states.
“”We have 49 states right now that are allowed to use dangerousness,” Adams countered.
“Remember, lawmakers can write into law the request to give this information out and turn this information over. This is something within our span of control.”
He continued, “We can analyze that data, do a cross analysis of the types of crime people are charged with and see if we are being racially biased and immediately zero in on that judge to take appropriate action.”
Gianaris said earlier this week on WNYC, “Every scholar who has looked at this will tell you [judicial discretion] is applied in a way that is discriminatory.” He insisted the law is “actually working as intended” with only 2 percent of defendants released with no cash bail being re-arrested.
Adams, a black former police captain, disagreed, saying data can be collected and used to determine if judges are using their discretional fairly in determining detention or release of criminal defendants.
Adams said the judge can be retrained or replaced.
“This is not difficult to do…All of this data is collected now. Now let’s use it so we can have a fair court system,” the mayor said.
Adams’ call for toughening of the bail law comes amid a soaring increase in crime.
The mayor emphasized the city can have “public safety and justice” and acknowledged the criminal justice has sometimes been bias and racist. He noted that when he was a state senator he co-sponsored a law that repealed the severe sentencing guidelines imposed in the Rockefeller drug statues that disproportionately impacted black and brown New Yorkers.
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